The sub-sector which, according to Chapter 48 of the Civil Code of the Russian Federation, is part of property insurance. Civil Code of the Russian Federation

Preferential pension - 30.10.2019

This document contains the basics of insurance: its types, the content of the contract, the definition of the parties to insurance, their rights and obligations.

Chapter 48

Article 927. Voluntary and compulsory insurance

1. Insurance is carried out on the basis of contracts of property or personal insurance concluded by a citizen or legal entity (insured) with an insurance organization (insurer).

The personal insurance contract is a public contract (Article 426).

2. In cases where the law imposes on the persons indicated in it the obligation to insure as insurers the life, health or property of other persons or their civil liability to other persons at their own expense or at the expense of interested persons (compulsory insurance), insurance is carried out by concluding contracts in accordance with the rules of this chapter. For insurers, the conclusion of insurance contracts on the terms proposed by the insured is not mandatory.

3. The law may provide for cases compulsory insurance life, health and property of citizens at the expense of funds provided from the relevant budget (compulsory state insurance).

Article 928. Interests which cannot be insured

1. Insurance of illegal interests is not allowed.

2. It is not allowed to insure losses from participation in games, lotteries and bets.

3. It is not allowed to insure expenses that a person may be forced to pay in order to free the hostages.

4. Conditions of insurance contracts contrary to paragraphs 1 - 3 this article, are negligible.

Article 929 property insurance

1. Under a property insurance contract, one party (the insurer) undertakes to pay the contractual fee (insurance premium) upon the occurrence of the event specified in the contract ( insured event) compensate the other party (the insured) or another person in whose favor the contract is concluded (the beneficiary) for the losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (pay insurance compensation) within the amount specified by the contract (sum insured ).

2. Under a property insurance contract, in particular, the following property interests may be insured:

1) the risk of loss (destruction), shortage or damage to certain property (Article 930);

2) the risk of liability for obligations arising from causing harm to life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk civil liability(Articles 931 and 932);

3) the risk of losses from entrepreneurial activity due to violation of their obligations by counterparties of the entrepreneur or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving the expected income - entrepreneurial risk (Article 933).

Article 930. Property insurance

2. A property insurance contract concluded if the insured or beneficiary has no interest in preserving the insured property is invalid.

3. A property insurance contract in favor of a beneficiary may be concluded without specifying the name or designation of the beneficiary (insurance "at whose expense").

When concluding such an agreement, the policyholder is issued an insurance policy to the bearer. When the policyholder or the beneficiary exercises rights under such an agreement, it is necessary to present this policy to the insurer.

Article 931. Liability insurance for causing harm

2. The person whose risk of liability for causing harm is insured must be named in the insurance contract. If this person is not named in the contract, the risk of liability of the insured himself is considered to be insured.

3. The insurance contract for the risk of liability for causing harm is considered concluded in favor of persons who may be harmed (beneficiaries), even if the contract is concluded in favor of the insured or other person responsible for causing harm, or the contract does not say in whose favor it is concluded.

4. In the event that liability for causing harm is insured due to the fact that its insurance is mandatory, as well as in other cases provided for by law or the contract of insurance of such liability, the person in whose favor the insurance contract is considered to be concluded has the right to present directly to the insurer a claim for compensation for damage within the sum insured.

Article 932. Liability insurance under a contract

1. Insurance of the risk of liability for breach of contract is allowed in cases provided for by law.

2. Under an insurance contract for the risk of liability for breach of contract, only the risk of liability of the insured itself may be insured. An insurance contract that does not comply with this requirement is void.

3. The risk of liability for violation of the contract shall be deemed insured in favor of the party to whom, under the terms of this contract, the insurant must bear the appropriate responsibility - the beneficiary, even if the insurance contract is concluded in favor of another person or it does not say in whose favor it is concluded.

Article 933. Business risk insurance

Under a business risk insurance contract, business risk can only be insured by the insured himself and only in his favor.

The business risk insurance contract of a person who is not a policyholder is void.

A business risk insurance contract in favor of a person who is not the policyholder shall be deemed concluded in favor of the policyholder.

Article 934. Contract of personal insurance

The right to receive the sum insured belongs to the person in whose favor the contract is concluded.

2. A contract of personal insurance shall be considered concluded in favor of the insured person, unless another person is named in the contract as a beneficiary. In the event of the death of a person insured under a contract in which no other beneficiary is named, the heirs of the insured person shall be recognized as beneficiaries.

A personal insurance contract in favor of a person who is not an insured person, including in favor of an insurant who is not an insured person, may be concluded only with the written consent of the insured person. In the absence of such consent, the contract may be declared invalid at the claim of the insured person, and in the event of the death of this person, at the claim of his heirs.

Article 935. Compulsory insurance

1. The law may oblige the persons indicated therein to insure:

life, health or property of other persons specified in the law in case of harm to their life, health or property;

the risk of its civil liability, which may arise as a result of causing harm to the life, health or property of other persons or violation of contracts with other persons.

2. The obligation to insure one's life or health cannot be imposed on a citizen by law.

3. In cases stipulated by law or in accordance with the procedure established by it, legal entities that have property in economic jurisdiction or operational management that is state or municipal property may be assigned the obligation to insure this property.

4. In cases where the insurance obligation does not arise from the law, but is based on an agreement, including the obligation to insure property - on an agreement with the owner of the property or on constituent documents legal entity who is the owner of the property, such insurance is not mandatory in the sense of this Article and does not entail the consequences provided for in Article 937 of this Code.

Article 936. Implementation of compulsory insurance

1. Compulsory insurance is carried out by concluding an insurance contract by a person who is entrusted with the obligation of such insurance (the insured) with the insurer.

2. Compulsory insurance is carried out at the expense of the insured, with the exception of compulsory insurance of passengers, which, in cases provided for by law, may be carried out at their expense.

3. Objects subject to compulsory insurance, the risks against which they must be insured, and minimum dimensions sums insured are determined by law, and in the case provided for by paragraph 3 of Article 935 of this Code, by law or in the manner prescribed by it.

Article 937. Consequences of violation of the rules on compulsory insurance

1. A person in whose favor compulsory insurance is to be carried out according to the law shall have the right, if he knows that insurance has not been carried out, to demand in judicial order its implementation by a person who is entrusted with the duty of insurance.

2. If the person who is entrusted with the insurance obligation has not carried it out or has concluded an insurance contract on conditions that worsen the position of the beneficiary in comparison with the conditions determined by law, he, upon the occurrence of an insured event, shall be liable to the beneficiary on the same conditions on which he should have be paid insurance indemnity with proper insurance.

3. Amounts unjustifiably saved by a person who is entrusted with the insurance obligation, due to the fact that he did not fulfill this obligation or fulfilled it improperly, shall be recovered at the claim of the state insurance supervision bodies to the income of the Russian Federation with the accrual of interest on these amounts in accordance with Article 395 of this Code.

Article 938. Insurer

As insurers, insurance contracts may be concluded by legal entities that have permits (licenses) to carry out insurance of the corresponding type.

Requirements to be met insurance organizations, the procedure for licensing their activities and implementation state supervision for this activity are determined by the laws on insurance.

Article 939

2. The insurer has the right to demand from the beneficiary, including when the beneficiary is the insured person, the fulfillment of obligations under the insurance contract, including the obligations that lie on the insured, but not fulfilled by him, upon presentation by the beneficiary of a claim for payment insurance compensation under a property insurance contract or the sum insured under a personal insurance contract. The risk of consequences of non-performance or untimely performance of obligations that should have been performed earlier shall be borne by the beneficiary.

Article 940. Form of insurance contract

1. The insurance contract must be concluded in writing.

non-compliance writing entails the invalidity of the insurance contract, with the exception of the compulsory state insurance contract (Article 969).

2. An insurance contract may be concluded by drawing up one document (paragraph 2 of Article 434) or by the insurer handing over to the insurant, on the basis of his written or oral application, an insurance policy (certificate, certificate, receipt) signed by the insurer.

In the latter case, the consent of the insured to conclude a contract on the terms proposed by the insurer is confirmed by the acceptance from the insurer of the documents specified in the first paragraph of this paragraph.

3. When concluding an insurance contract, the insurer shall have the right to apply the standard forms of the contract (insurance policy) developed by him or the association of insurers according to certain types insurance.

Article 941. Insurance under a general policy

2. The insured is obliged, in respect of each consignment of property falling under the scope of the general policy, to inform the insurer of the information stipulated by such a policy within the period provided for by it, and if it is not provided for, immediately upon receipt thereof. The policyholder is not released from this obligation, even if by the time such information is received, the possibility of losses subject to compensation by the insurer has already passed.

3. At the request of the insured, the insurer is obliged to issue insurance policies for individual lots of property falling under the scope of the general policy.

If the content of the insurance policy does not correspond to the general policy, the insurance policy shall prevail.

Article 942. Essential terms of the insurance contract

1. When concluding a property insurance contract, an agreement must be reached between the insured and the insurer:

1) on certain property or other property interest that is the object of insurance;

2) on the nature of the event, in the event of which the insurance is carried out (insured event);

3) on the amount of the sum insured;

4) on the term of the contract.

2. When concluding a personal insurance contract, an agreement must be reached between the insured and the insurer:

1) about the insured person;

2) on the nature of the event, in the event of the occurrence of which in the life of the insured person insurance is carried out (insured event);

3) on the amount of the sum insured;

4) on the term of the contract.

Article 943

2. The conditions contained in the insurance rules and not included in the text of the insurance contract (insurance policy) are binding on the insured (beneficiary), if the contract ( insurance policy) directly indicates the application of such rules and the rules themselves are set out in the same document with the contract (insurance policy) or on its reverse side or are attached to it. In the latter case, the delivery of the insurance rules to the policyholder at the conclusion of the contract must be certified by a record in the contract.

3. When concluding an insurance contract, the policyholder and the insurer may agree to amend or exclude certain provisions of the insurance rules and to supplement the rules.

4. The insured (beneficiary) has the right to refer in defense of his interests to the rules of insurance of the relevant type, to which there is a reference in the insurance contract (insurance policy), even if these rules are not mandatory for him by virtue of this article.

Article 944

1. When concluding an insurance contract, the policyholder is obliged to inform the insurer of the circumstances known to the policyholder that are essential for determining the likelihood of an insured event and the amount of possible losses from its occurrence ( insurance risk), if these circumstances are not known and should not be known to the insurer.

In any case, circumstances are recognized as significant if they are specifically specified by the insurer in standard form insurance contract (insurance policy) or in his written request.

2. If the insurance contract is concluded in the absence of answers from the insured to any questions of the insurer, the insurer cannot subsequently demand termination of the contract or its recognition as invalid on the grounds that the relevant circumstances were not reported by the insured.

3. If after the conclusion of the insurance contract it is established that the policyholder informed the insurer knowingly false information about the circumstances specified in paragraph 1 of this article, the insurer has the right to demand that the contract be recognized as invalid and the consequences provided for by paragraph 2 of Article 179 of this Code be applied.

The insurer may not demand that the insurance contract be declared invalid if the circumstances, which the policyholder has kept silent about, have already disappeared.

Article 945. The right of the insurer to assess the insurance risk

1. When concluding a property insurance contract, the insurer has the right to inspect the insured property, and, if necessary, appoint an expert examination in order to establish its actual value.

2. When concluding a personal insurance contract, the insurer has the right to conduct an examination of the insured person to assess the actual state of his health.

3. The assessment of the insured risk by the insurer on the basis of this article is not obligatory for the insured, who has the right to prove otherwise.

Article 946. Secrecy of insurance

The insurer shall not be entitled to disclose information received by him as a result of his professional activities about the insured, the insured person and the beneficiary, their state of health, as well as about property status these persons. Depending on the type of violated rights and the nature of the violation, the insurer shall be liable for violation of the secrecy of insurance in accordance with the rules provided for in Article 139 or Article 150 of this Code.

Article 947. Sum insured

2. When insuring property or business risk, unless otherwise provided by the insurance contract, the sum insured must not exceed their actual value (insurance value). This value is considered to be:

for property, its actual value at its location on the date of conclusion of the insurance contract;

for business risk, business losses that the insured would be expected to incur in the event of an insured event.

3. In personal insurance contracts and civil liability insurance contracts, the sum insured is determined by the parties at their discretion.

Article 948. Contestation of the insurance value of property

The insured value of the property specified in the insurance contract cannot be disputed subsequently, except for the case when the insurer, who did not use his right to assess the insurance risk before the conclusion of the contract (paragraph 1 of Article 945), was deliberately misled about this value.

Article 949. Incomplete property insurance

If in the property or business risk insurance contract the sum insured is set below the insured value, the insurer, upon the occurrence of an insured event, is obliged to compensate the insured (beneficiary) for a part of the losses incurred by the latter in proportion to the ratio of the insured sum to the insured value.

The contract may provide for a higher amount of insurance compensation, but not higher than the insurance value.

Article 950. Additional property insurance

1. In the event that property or business risk is insured only in part of the insured value, the insured (beneficiary) has the right to carry out additional insurance, including from another insurer, but so that the total insurance amount under all insurance contracts does not exceed the insurance value.

2. Failure to comply with the provisions of paragraph 1 of this article shall entail the consequences provided for by paragraph 4 of Article 951 of this Code.

Article 951. Consequences of insurance in excess of the insurance value

The part of the insurance premium paid in excess is non-refundable in this case.

2. If, in accordance with the insurance contract, the insurance premium is paid in installments and by the time the circumstances specified in paragraph 1 of this article are established, it has not been paid in full, the remaining insurance premiums must be paid in the amount reduced in proportion to the reduction in the sum insured.

3. If the overstatement of the sum insured in the insurance contract was the result of fraud on the part of the insured, the insurer shall have the right to demand that the contract be recognized as invalid and compensation for the losses caused to him by this in an amount exceeding the amount of the insurance premium received by him from the insured.

4. The rules provided for in paragraphs 1-3 of this article shall apply accordingly also in the event that the sum insured exceeded the insured value as a result of insuring the same object with two or more insurers (double insurance).

The amount of insurance compensation payable in this case by each of the insurers shall be reduced in proportion to the decrease in the initial sum insured under the relevant insurance contract.

Article 952. Property insurance against various insurance risks

1. Property and entrepreneurial risk may be insured against various insurance risks both under one and under separate insurance contracts, including under contracts with different insurers.

In these cases, it is allowed to exceed the amount of the total sum insured under all contracts over the insurance value.

2. If from two or more contracts concluded in accordance with paragraph 1 of this article, the obligation of insurers to pay insurance compensation for the same consequences of the occurrence of the same insured event follows, the rules provided for in paragraph 4 shall apply to such contracts in the relevant part. Article 951 of this Code.

Article 953

The object of insurance may be insured under one insurance contract jointly by several insurers (co-insurance). If such an agreement does not define the rights and obligations of each of the insurers, they are jointly and severally liable to the insured (beneficiary) for the payment of insurance compensation under a property insurance agreement or the sum insured under a personal insurance agreement.

Article 954 insurance premium and insurance premiums

2. When determining the amount of the insurance premium payable under the insurance contract, the insurer shall have the right to apply the insurance rates, which determine the premium charged per unit of the sum insured, taking into account the object of insurance and the nature of the insured risk.

In the cases provided for by law, the amount of the insurance premium is determined in accordance with the insurance tariffs established or regulated by the state insurance supervision bodies.

3. If the insurance contract provides for the payment of the insurance premium in installments, the contract may determine the consequences of non-payment in deadlines subsequent insurance premiums.

4. If the insured event occurred before the payment of the next insurance premium the payment of which is overdue, the insurer shall have the right, when determining the amount of insurance compensation payable under a property insurance contract or the sum insured under a personal insurance contract, to set off the amount of the overdue insurance premium.

Article 955. Replacement of the insured person

2. The insured person named in the personal insurance contract may be replaced by another person by the policyholder only with the consent of the insured person and the insurer.

Article 956. Replacement of the beneficiary

The insured has the right to replace the beneficiary named in the insurance contract with another person by notifying the insurer in writing. Replacement of the beneficiary under a personal insurance contract, appointed with the consent of the insured person (paragraph 2 of Article 934), is allowed only with the consent of this person.

The beneficiary cannot be replaced by another person after he has fulfilled any of the obligations under the insurance contract or has submitted a claim to the insurer for the payment of insurance indemnity or sum insured.

Article 957

1. The insurance contract, unless otherwise provided in it, shall enter into force at the moment of payment of the insurance premium or its first installment.

2. Insurance stipulated by the insurance contract shall cover insured events that occurred after the entry into force of the insurance contract, unless the contract provides for a different period for the commencement of the insurance.

Article 958. Early termination of an insurance contract

loss of the insured property for reasons other than the occurrence of an insured event;

termination in accordance with the established procedure of entrepreneurial activity by a person who has insured entrepreneurial risk or the risk of civil liability associated with this activity.

2. The policyholder (beneficiary) has the right to cancel the insurance contract at any time, if by the time of cancellation the possibility of an insured event has not disappeared due to the circumstances specified in paragraph 1 of this article.

3. In case of early termination of the insurance contract due to the circumstances specified in paragraph 1 of this article, the insurer shall be entitled to a part of the insurance premium in proportion to the time during which the insurance was valid.

In case of early cancellation of the policyholder (beneficiary) from the insurance contract, the insurance premium paid to the insurer is not refundable, unless the contract provides otherwise.

Article 959

In any case, significant changes are recognized as stipulated in the insurance contract (insurance policy) and in the insurance rules transferred to the insured.

2. The insurer, notified of the circumstances entailing an increase in the insured risk, has the right to demand a change in the terms of the insurance contract or payment of an additional insurance premium in proportion to the increase in risk.

If the policyholder (beneficiary) objects to changing the terms of the insurance contract or additional payment of the insurance premium, the insurer has the right to demand termination of the contract in accordance with the rules provided for in Chapter 29 of this Code.

3. If the policyholder or the beneficiary fails to fulfill the obligation provided for in paragraph 1 of this article, the insurer shall have the right to demand termination of the insurance contract and compensation for losses caused by the termination of the contract (paragraph 5 of Article 453).

4. The insurer shall not have the right to demand termination of the insurance contract if the circumstances entailing an increase in the insured risk have already disappeared.

5. In case of personal insurance, the consequences of a change in the insurance risk during the period of validity of the insurance contract, specified in paragraphs 2 and 3 of this article, may occur only if they are expressly provided for in the contract.

Article 960. Transfer of rights to insured property to another person

When the rights to the insured property are transferred from the person in whose interests the insurance contract was concluded to another person, the rights and obligations under this contract are transferred to the person to whom the rights to the property have been transferred, except in cases of forced seizure of property on the grounds specified in clause 2 Article 235 of this Code, and renunciation of the right of ownership (Article 236).

The person to whom the rights to the insured property have been transferred must immediately notify the insurer of this in writing.

Article 961

The same obligation lies with the beneficiary, who is aware of the conclusion of the insurance contract in his favor, if he intends to exercise the right to insurance compensation.

2. Failure to fulfill the obligation provided for by paragraph 1 of this article shall entitle the insurer to refuse to pay insurance compensation, unless it is proved that the insurer learned about the occurrence of the insured event in a timely manner or that the insurer's lack of information about this could not affect its obligation to pay insurance compensation .

3. The rules provided for in paragraphs 1 and 2 of this article shall respectively apply to the contract of personal insurance, if the insured event is the death of the insured person or the infliction of harm to his health. At the same time, the term for notifying the insurer established by the contract may not be less than thirty days.

Article 962

When taking such measures, the policyholder must follow the instructions of the insurer, if they are communicated to the policyholder.

2. Expenses for the purpose of minimizing losses subject to reimbursement by the insurer, if such expenses were necessary or were incurred to fulfill the instructions of the insurer, must be reimbursed by the insurer, even if the corresponding measures were unsuccessful.

Such expenses are reimbursed in proportion to the ratio of the sum insured to the insured value, regardless of the fact that, together with compensation for other losses, they may exceed the sum insured.

3. The insurer shall be released from compensation for losses incurred as a result of the fact that the insured has deliberately failed to take reasonable and accessible measures to reduce possible losses.

Article 963

The law may provide for cases of release of the insurer from the payment of insurance compensation under property insurance contracts in the event of an insured event due to the gross negligence of the insured or the beneficiary.

2. The insurer shall not be exempted from paying insurance compensation under a civil liability insurance contract for causing harm to life or health, if the harm was caused through the fault of the person responsible for it.

3. The insurer shall not be exempted from paying the sum insured, which, under the personal insurance contract, is payable in the event of the death of the insured person, if his death was due to suicide and by that time the insurance contract had been in force for at least two years.

Article 964

exposure to a nuclear explosion, radiation or radioactive contamination;

military operations, as well as maneuvers or other military measures;

civil war, civil unrest of any kind, or strikes.

2. Unless otherwise provided by the property insurance contract, the insurer shall be exempt from paying insurance compensation for losses incurred as a result of seizure, confiscation, requisition, arrest or destruction of the insured property by order of state bodies.

Article 965

2. The right of claim transferred to the insurer shall be exercised by him in compliance with the rules governing relations between the insured (beneficiary) and the person responsible for the losses.

3. The insured (beneficiary) is obliged to transfer to the insurer all documents and evidence and inform him of all the information necessary for the insurer to exercise the right of claim that has passed to him.

4. If the policyholder (beneficiary) has waived his right to claim against the person responsible for the losses compensated by the insurer, or if the exercise of this right has become impossible due to the fault of the policyholder (beneficiary), the insurer shall be released from payment of insurance compensation in full or in the relevant part and shall have the right to demand a refund overpaid amount of compensation.

The period established by Article 966 of the Civil Code of the Russian Federation (as amended on November 4, 2007) limitation period for claims arising from a liability risk insurance contract for obligations arising as a result of causing harm to life, health or property of other persons, it also applies to claims, the deadline previously established by the Civil Code of the Russian Federation for the presentation of which has not expired before the date of entry into force of the Federal Law of 04.11.2007 N 251-FZ (Article 2 of the Federal Law of November 4, 2007 N 251-FZ).

Article 966

2. The limitation period for claims arising from a liability risk insurance contract for obligations arising as a result of causing harm to life, health or property of other persons is three years (Article 196).

Article 967. Reinsurance

2. The reinsurance contract shall be subject to the rules provided for by this chapter, which are subject to application in respect of business risk insurance, unless otherwise provided by the reinsurance contract. In this case, the insurer under the insurance contract (main contract) that has entered into a reinsurance contract is considered the insured in this last contract.

3. In case of reinsurance, the insurer under this contract remains responsible to the insured under the main insurance contract for the payment of insurance compensation or the sum insured.

4. Consecutive conclusion of two or more reinsurance contracts is allowed.

Article 968. Mutual insurance

2. Mutual insurance companies carry out insurance of property and other property interests of their members and are non-profit organizations.

Peculiarities legal status mutual insurance companies and the conditions of their activities are determined in accordance with this Code by the law on mutual insurance.

3. Mutual insurance societies insure the property and property interests of their members directly on the basis of membership, unless the constituent documents of the society provide for the conclusion of insurance contracts in these cases.

The rules provided for by this chapter shall apply to insurance relations between a mutual insurance company and its members, unless otherwise provided by the law on mutual insurance.

4. The implementation of compulsory insurance through mutual insurance is allowed in cases provided for by the law on mutual insurance.

5. Has expired. - Federal Law of November 29, 2007 N 287-FZ.

Article 969. Compulsory state insurance

Compulsory state insurance is carried out at the expense of funds allocated for these purposes from the relevant budget to ministries and other federal authorities executive power (insurers).

2. Compulsory state insurance is carried out directly on the basis of laws and other legal acts on such insurance by the state insurance or other specified in these acts. government organizations(insurers) or on the basis of insurance contracts concluded in accordance with these acts by insurers and policyholders.

3. Compulsory state insurance is paid to insurers in the amount determined by laws and other legal acts about such insurance.

4. The rules provided for in this Chapter shall apply to the mandatory state insurance, unless otherwise provided by laws and other legal acts on such insurance and does not follow from the essence of the relevant insurance relations.

Article 970. Application general rules about insurance to special types insurance

The rules provided for in this Chapter shall apply to insurance relations foreign investment against non-commercial risks, marine insurance, health insurance, insurance bank deposits and insurance of pensions insofar as the laws on these types of insurance do not provide otherwise.

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Comments on Article 929 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 930
Property insurance

Comments on Article 940 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 941
General policy insurance

3. At the request of the insured, the insurer is obliged to issue insurance policies for individual lots of property falling under the scope of the general policy.

If the content of the insurance policy does not correspond to the general policy, the insurance policy shall prevail.

Comments on Article 941 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 942
Essential terms of the insurance contract

1. When concluding a property insurance contract, an agreement must be reached between the insured and the insurer:

1) on certain property or other property interest that is the object of insurance;

2) on the nature of the event, in the event of which the insurance is carried out (insured event);

2. When concluding a personal insurance contract, an agreement must be reached between the insured and the insurer:

1) about the insured person;

2) on the nature of the event, in the event of the occurrence of which in the life of the insured person insurance is carried out (insured event);

3) on the amount of the sum insured;

4) on the term of the contract.

Comments on Article 942 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 943
Determining the terms of the insurance contract in the insurance rules

2. The conditions contained in the insurance rules and not included in the text of the insurance contract (insurance policy) are binding on the insured (beneficiary) if the contract (insurance policy) directly indicates the application of such rules and the rules themselves are set out in one document with the contract ( insurance policy) or on its reverse side or attached to it. In the latter case, the delivery of the insurance rules to the policyholder at the conclusion of the contract must be certified by a record in the contract.

3. When concluding an insurance contract, the policyholder and the insurer may agree to amend or exclude certain provisions of the insurance rules and to supplement the rules.

Comments on Article 943 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 944
Information provided by the policyholder when concluding an insurance contract

In any case, the circumstances that are specifically stipulated by the insurer in the standard form of the insurance contract (insurance policy) or in his written request are recognized as significant.

The insurer may not demand that the insurance contract be declared invalid if the circumstances, which the policyholder has kept silent about, have already disappeared.

Comments on Article 944 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 945
The right of the insurer to assess the insured risk

1. When concluding a property insurance contract, the insurer has the right to inspect the insured property, and, if necessary, appoint an expert examination in order to establish its actual value.

2. When concluding a personal insurance contract, the insurer has the right to conduct an examination of the insured person to assess the actual state of his health.

3. The assessment of the insured risk by the insurer on the basis of this article is not obligatory for the insured, who has the right to prove otherwise.

Comments on Article 945 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 946
Mystery Insurance

The insurer shall not be entitled to disclose information received by him as a result of his professional activities about the insured, the insured person and the beneficiary, their state of health, as well as the property status of these persons. Depending on the type of violated rights and the nature of the violation, the insurer shall be liable for violation of the secrecy of insurance in accordance with the rules provided for in Article 139 or Article 150 of this Code.

Comments on Article 946 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 947
Sum insured

2. When insuring property or business risk, unless otherwise provided by the insurance contract, the sum insured must not exceed their actual value (insurance value). This value is considered to be:

for property, its actual value at its location on the date of conclusion of the insurance contract;

for business risk, business losses that the insured would be expected to incur in the event of an insured event.

3. In personal insurance contracts and civil liability insurance contracts, the sum insured is determined by the parties at their discretion.

Comments on Article 947 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 948
Challenging the insurance value of property

The insured value of the property specified in the insurance contract cannot be subsequently disputed, except for the case when the insurer, who did not use its right to assess the insured risk before the conclusion of the contract (), was deliberately misled about this value.

Comments on Article 948 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 949
Partial property insurance

The contract may provide for a higher amount of insurance compensation, but not higher than the insurance value.

Comments on Article 949 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 950
Additional property insurance

2. Failure to comply with the provisions of paragraph 1 of this article shall entail the consequences provided for by this Code.

Comments on Article 950 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 951
Consequences of insurance in excess of the insurance value

The part of the insurance premium paid in excess is non-refundable in this case.

The amount of insurance compensation payable in this case by each of the insurers shall be reduced in proportion to the decrease in the initial sum insured under the relevant insurance contract.

Comments on Article 951 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 952
Property insurance against various insurance risks

1. Property and entrepreneurial risk may be insured against various insurance risks both under one and under separate insurance contracts, including under contracts with different insurers.

In these cases, it is allowed to exceed the amount of the total sum insured under all contracts over the insurance value.

2. If from two or more contracts concluded in accordance with paragraph 1 of this article, the obligation of insurers to pay insurance compensation for the same consequences of the occurrence of the same insured event follows, the rules provided for by this Code shall apply to such contracts in the relevant part. .

Comments on Article 952 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 953
coinsurance

Comments on Article 953 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 954
Insurance premium and insurance premiums

2. When determining the amount of the insurance premium payable under the insurance contract, the insurer shall have the right to apply the insurance tariffs developed by it, which determine the premium charged per unit of the sum insured, taking into account the object of insurance and the nature of the insurance risk.

In the cases provided for by law, the amount of the insurance premium is determined in accordance with the insurance tariffs established or regulated by the state insurance supervision bodies.

3. If the insurance contract provides for the payment of an insurance premium in installments, the contract may determine the consequences of non-payment of regular insurance premiums within the established time limits.

4. If an insured event occurred before the payment of the next insurance premium, the payment of which is overdue, the insurer shall have the right, when determining the amount of insurance compensation payable under a property insurance contract or the sum insured under a personal insurance contract, to set off the amount of the overdue insurance premium.

Comments on Article 954 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 955
Replacement of the insured person

1. In the event that under the insurance contract for the risk of liability for causing harm () the liability of a person other than the insured is insured, the latter has the right, unless otherwise provided by the contract, at any time before the occurrence of the insured event, to replace this person with another, notifying the insurer in writing .

2. The insured person named in the personal insurance contract may be replaced by another person by the policyholder only with the consent of the insured person and the insurer.

Comments on Article 955 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 956
Replacement of the beneficiary

The insured has the right to replace the beneficiary named in the insurance contract with another person by notifying the insurer in writing. Replacement of the beneficiary under a personal insurance contract, appointed with the consent of the insured person (), is allowed only with the consent of this person.

Comments on Article 956 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 957
Commencement of the insurance contract

1. The insurance contract, unless otherwise provided in it, shall enter into force at the moment of payment of the insurance premium or its first installment.

Comments on Article 957 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 958
Early termination of the insurance contract

loss of the insured property for reasons other than the occurrence of an insured event;

termination in accordance with the established procedure of entrepreneurial activity by a person who has insured entrepreneurial risk or the risk of civil liability associated with this activity.

In case of early cancellation of the policyholder (beneficiary) from the insurance contract, the insurance premium paid to the insurer is not refundable, unless the contract provides otherwise.

Article 927 Voluntary and compulsory insurance

Note:
P. 1, Art. 929 does not apply to insurance of export credits and investments against entrepreneurial and political risks (Federal Law of May 17, 2007 N 82-FZ).

1. Insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or legal entity (insured) with an insurance organization (insurer).
The personal insurance contract is a public contract (Article 426).
2. In cases where the law imposes on the persons indicated in it the obligation to insure as insurers the life, health or property of other persons or their civil liability to other persons at their own expense or at the expense of interested persons (compulsory insurance), insurance is carried out by concluding contracts in accordance with the rules of this chapter. For insurers, the conclusion of insurance contracts on the terms proposed by the insured is not mandatory.
3. The law may provide for cases of compulsory insurance of life, health and property of citizens at the expense of funds provided from the relevant budget (compulsory state insurance).

Article 928 Interests that cannot be insured

1. Insurance of illegal interests is not allowed.
2. It is not allowed to insure losses from participation in games, lotteries and bets.
3. It is not allowed to insure expenses that a person may be forced to pay in order to free the hostages.
4. Terms and conditions of insurance contracts that contradict paragraphs 1-3 of this article are void.

Article 929 Property insurance contract

Note:
Clause 1 of Article 929 does not apply to relations on insurance of export credits and investments against entrepreneurial and (or) political risks (Federal Law of May 17, 2007 N 82-FZ (as amended on June 29, 2015))."

1. Under a property insurance contract, one party (the insurer) undertakes, for the fee stipulated by the contract (insurance premium), upon the occurrence of an event (insurance event) provided for in the contract, to compensate the other party (the insured) or another person in whose favor the contract was concluded (the beneficiary) caused as a result of this event, losses in the insured property or losses in connection with other property interests of the insured (to pay insurance compensation) within the amount specified in the contract (sum insured).
2. Under a property insurance contract, in particular, the following property interests may be insured:

1) the risk of loss (destruction), shortage or damage to certain property (Article 930);
2) the risk of liability for obligations arising as a result of causing harm to life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk of civil liability (Articles 931 and 932);
3) the risk of losses from entrepreneurial activities due to breach of their obligations by counterparties of the entrepreneur or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving the expected income - entrepreneurial risk (Article 933).

Article 930 Property insurance

1. Property may be insured under an insurance contract in favor of a person (insured or beneficiary) who has an interest based on law, other legal act or contract in the preservation of this property.
2. A property insurance contract concluded if the insured or beneficiary has no interest in preserving the insured property is invalid.
3. A property insurance contract in favor of a beneficiary may be concluded without specifying the name or designation of the beneficiary (insurance "at whose expense").
When concluding such an agreement, the policyholder is issued an insurance policy to the bearer. When the policyholder or the beneficiary exercises rights under such an agreement, it is necessary to present this policy to the insurer.

Article 931 Damage liability insurance

1. Under a liability risk insurance contract for obligations arising as a result of causing harm to life, health or property of other persons, the liability risk of the insured himself or another person to whom such liability may be imposed may be insured.
2. The person whose risk of liability for causing harm is insured must be named in the insurance contract. If this person is not named in the contract, the risk of liability of the insured himself is considered to be insured.
3. The insurance contract for the risk of liability for causing harm is considered concluded in favor of persons who may be harmed (beneficiaries), even if the contract is concluded in favor of the insured or other person responsible for causing harm, or the contract does not say in whose favor it is concluded.
4. In the event that liability for causing harm is insured due to the fact that its insurance is mandatory, as well as in other cases provided for by law or the contract of insurance of such liability, the person in whose favor the insurance contract is considered to be concluded has the right to present directly to the insurer a claim for compensation for damage within the sum insured.

Article 932 Contract liability insurance

1. Insurance of the risk of liability for breach of contract is allowed in cases provided for by law.
2. Under an insurance contract for the risk of liability for breach of contract, only the risk of liability of the insured itself may be insured. An insurance contract that does not comply with this requirement is void.
3. The risk of liability for violation of the contract shall be deemed insured in favor of the party to whom, under the terms of this contract, the insurant must bear the appropriate responsibility - the beneficiary, even if the insurance contract is concluded in favor of another person or it does not say in whose favor it is concluded.

Article 933 Business risk insurance

Note:
Part 1 Art. 933 does not apply to insurance of export credits and investments against business and political risks (Federal Law of May 17, 2007 N 82-FZ).

Under a business risk insurance contract, business risk can only be insured by the insured himself and only in his favor.
The business risk insurance contract of a person who is not a policyholder is void.

Note:
Part 3 Art. 933 does not apply to insurance of export credits and investments against business and political risks (Federal Law of May 17, 2007 N 82-FZ).

A business risk insurance contract in favor of a person who is not the policyholder shall be deemed concluded in favor of the policyholder.

Article 934 Personal insurance contract

1. Under a personal insurance contract, one party (the insurer) undertakes, for the fee stipulated by the contract (insurance premium) paid by the other party (the insured), to pay a lump sum or pay periodically the amount (sum insured) stipulated by the contract in the event of harm to the life or health of the insurant himself or of another citizen (insured person) named in the contract, reaching a certain age or the occurrence in his life of another event (insured event) provided for by the contract.
The right to receive the sum insured belongs to the person in whose favor the contract is concluded.
2. A contract of personal insurance shall be considered concluded in favor of the insured person, unless another person is named in the contract as a beneficiary. In the event of the death of a person insured under a contract in which no other beneficiary is named, the heirs of the insured person shall be recognized as beneficiaries.
A personal insurance contract in favor of a person who is not an insured person, including in favor of an insurant who is not an insured person, may be concluded only with the written consent of the insured person. In the absence of such consent, the contract may be declared invalid at the claim of the insured person, and in the event of the death of this person, at the claim of his heirs.

Article 935 Compulsory insurance

1. The law may oblige the persons indicated therein to insure:
life, health or property of other persons specified in the law in case of harm to their life, health or property;
the risk of its civil liability, which may arise as a result of causing harm to the life, health or property of other persons or violation of contracts with other persons.
2. The obligation to insure one's life or health cannot be imposed on a citizen by law.
3. In cases stipulated by law or in accordance with the procedure established by it, legal entities that have property in economic jurisdiction or operational management that is state or municipal property may be assigned the obligation to insure this property.
4. In cases where the insurance obligation does not follow from the law, but is based on a contract, including the obligation to insure property - on a contract with the owner of the property or on the constituent document of a legal entity that is the owner of the property, such insurance is not mandatory in the sense of this article. and does not entail the consequences provided for by Article 937 of this Code.

Article 936 Implementation of compulsory insurance

1. Compulsory insurance is carried out by concluding an insurance contract by a person who is entrusted with the obligation of such insurance (the insured) with the insurer.
2. Compulsory insurance is carried out at the expense of the insured.
(as amended by Federal Law No. 78-FZ of June 14, 2012)
3. The objects subject to compulsory insurance, the risks against which they must be insured, and the minimum amount of sums insured are determined by law, and in the case provided for by paragraph 3 of Article 935 of this Code, by law or in the manner prescribed by it.

Article 937 Consequences of violating the rules on compulsory insurance

1. A person in whose favor compulsory insurance is to be carried out under the law shall have the right, if he knows that insurance has not been carried out, to demand in court that it be carried out by the person who is entrusted with the duty of insurance.
2. If the person who is entrusted with the insurance obligation has not carried it out or has concluded an insurance contract on conditions that worsen the position of the beneficiary in comparison with the conditions determined by law, he, upon the occurrence of an insured event, shall be liable to the beneficiary on the same conditions on which he should have be paid insurance indemnity with proper insurance.
3. Amounts unjustifiably saved by a person who is entrusted with the insurance obligation, due to the fact that he did not fulfill this obligation or fulfilled it improperly, are recovered at the claim of state bodies exercising supervision in the relevant field of activity, to the income of the Russian Federation with accrual on these interest amounts in accordance with Article 395 of this Code.

Note:
Art. 938 does not apply to insurance of export credits and investments against entrepreneurial and political risks (Federal Law of May 17, 2007 N 82-FZ).

Article 938 Insurer

As insurers, insurance contracts may be concluded by legal entities that have permits (licenses) to carry out insurance of the corresponding type.
The requirements that insurance organizations must meet, the procedure for licensing their activities and exercising supervision over this activity are determined by insurance laws.
(as amended by Federal Law No. 251-FZ of July 23, 2013)

Article 939 Fulfillment of obligations under the insurance contract by the insured and the beneficiary

1. The conclusion of an insurance contract in favor of the beneficiary, including when it is the insured person, does not relieve the policyholder from fulfilling obligations under this contract, unless otherwise provided by the contract or the obligations of the insured are performed by the person in whose favor the contract is concluded.
2. The insurer has the right to demand from the beneficiary, including when the beneficiary is the insured person, the fulfillment of obligations under the insurance contract, including obligations that lie with the insured, but not fulfilled by him, upon presentation by the beneficiary of a claim for payment of insurance compensation under a property insurance contract or the amount insured under a personal insurance contract. The risk of consequences of non-performance or untimely performance of obligations that should have been performed earlier shall be borne by the beneficiary.

Article 940 Insurance contract form

1. The insurance contract must be concluded in writing.
Failure to comply with the written form shall entail the invalidity of the insurance contract, with the exception of the compulsory state insurance contract (Article 969).
2. An insurance contract may be concluded by drawing up one document (paragraph 2 of Article 434) or by the insurer handing over to the insurant, on the basis of his written or oral application, an insurance policy (certificate, certificate, receipt) signed by the insurer.
In the latter case, the consent of the insured to conclude a contract on the terms proposed by the insurer is confirmed by the acceptance from the insurer of the documents specified in the first paragraph of this paragraph.
3. When concluding an insurance contract, the insurer shall have the right to apply the standard forms of the contract (insurance policy) developed by him or the association of insurers for certain types of insurance.

Article 941 General policy insurance

1. Systematic insurance of different batches of homogeneous property (goods, cargo, etc.) on similar conditions for a certain period of time may, by agreement of the insured with the insurer, be carried out on the basis of one insurance contract - a general policy.
2. The insured is obliged, in respect of each consignment of property falling under the scope of the general policy, to inform the insurer of the information stipulated by such a policy within the period provided for by it, and if it is not provided for, immediately upon receipt thereof. The policyholder is not released from this obligation, even if by the time such information is received, the possibility of losses subject to compensation by the insurer has already passed.
3. At the request of the insured, the insurer is obliged to issue insurance policies for individual lots of property falling under the scope of the general policy.
If the content of the insurance policy does not correspond to the general policy, the insurance policy shall prevail.

Article 942 Essential terms of the insurance contract

Note:
P. 1, Art. 942 does not apply to insurance of export credits and investments against entrepreneurial and political risks (Federal Law No. 82-FZ of May 17, 2007).

1. When concluding a property insurance contract, an agreement must be reached between the insured and the insurer:

1) on certain property or other property interest that is the object of insurance;
2) on the nature of the event, in the event of which the insurance is carried out (insured event);
3) on the amount of the sum insured;
4) on the term of the contract.

2. When concluding a personal insurance contract, an agreement must be reached between the insured and the insurer:

1) about the insured person;
2) on the nature of the event, in the event of the occurrence of which in the life of the insured person insurance is carried out (insured event);
3) on the amount of the sum insured;
4) on the term of the contract.

Article 943 Determining the terms of the insurance contract in the insurance rules

1. The conditions under which an insurance contract is concluded may be determined in the standard insurance rules of the relevant type, accepted, approved or approved by the insurer or an association of insurers (insurance rules).
2. The conditions contained in the insurance rules and not included in the text of the insurance contract (insurance policy) are binding on the insured (beneficiary) if the contract (insurance policy) directly indicates the application of such rules and the rules themselves are set out in one document with the contract ( insurance policy) or on its reverse side or attached to it. In the latter case, the delivery of the insurance rules to the policyholder at the conclusion of the contract must be certified by a record in the contract.

Note:
P. 3 Art. 943 does not apply to insurance of export credits and investments against entrepreneurial and political risks (Federal Law No. 82-FZ dated May 17, 2007).

3. When concluding an insurance contract, the policyholder and the insurer may agree to amend or exclude certain provisions of the insurance rules and to supplement the rules.
4. The insured (beneficiary) has the right to refer in defense of his interests to the rules of insurance of the relevant type, to which there is a reference in the insurance contract (insurance policy), even if these rules are not mandatory for him by virtue of this article.

Article 944 Information provided by the policyholder when concluding an insurance contract

1. When concluding an insurance contract, the policyholder shall be obliged to inform the insurer of the circumstances known to the policyholder that are essential for determining the likelihood of an insured event and the amount of possible losses from its occurrence (insurance risk), if these circumstances are not known and should not be known to the insurer.
In any case, the circumstances that are specifically stipulated by the insurer in the standard form of the insurance contract (insurance policy) or in his written request are recognized as significant.

Note:
P. 2 Art. 944 does not apply to insurance of export credits and investments against business and political risks (FZ of 05/17/2007 N 82-FZ).

Note:
P. 3 Art. 944 does not apply to insurance of export credits and investments against business and political risks (FZ of 05/17/2007 N 82-FZ).

3. If, after the conclusion of the insurance contract, it is established that the insured has given the insurer knowingly false information about the circumstances specified in paragraph 1 of this article, the insurer shall have the right to demand that the contract be recognized as invalid and that the consequences provided for by paragraph 2 of Article 179 of this Code be applied.
The insurer may not demand that the insurance contract be declared invalid if the circumstances, which the policyholder has kept silent about, have already disappeared.

Article 945 The right of the insurer to assess the insured risk

1. When concluding a property insurance contract, the insurer has the right to inspect the insured property, and, if necessary, appoint an expert examination in order to establish its actual value.
2. When concluding a personal insurance contract, the insurer has the right to conduct an examination of the insured person to assess the actual state of his health.
3. The assessment of the insured risk by the insurer on the basis of this article is not obligatory for the insured, who has the right to prove otherwise.

Article 946 Mystery Insurance

The insurer shall not be entitled to disclose information received by him as a result of his professional activities about the insured, the insured person and the beneficiary, their state of health, as well as the property status of these persons. Depending on the type of violated rights and the nature of the violation, the insurer shall be liable for violation of the secrecy of insurance in accordance with the rules provided for in Article 139 or Article 150 of this Code.

Article 947 Sum insured

1. The amount within which the insurer undertakes to pay insurance compensation under a property insurance contract or which he undertakes to pay under a personal insurance contract (sum insured) is determined by agreement between the insured and the insurer in accordance with the rules provided for by this article.
2. When insuring property or business risk, unless otherwise provided by the insurance contract, the sum insured must not exceed their actual value (insurance value). This value is considered to be:
for property, its actual value at its location on the date of conclusion of the insurance contract;
for business risk, business losses that the insured would be expected to incur in the event of an insured event.
3. In personal insurance contracts and civil liability insurance contracts, the sum insured is determined by the parties at their discretion.

Article 948 Challenging the insurance value of property

Article 949 Partial property insurance

Note:
Art. 950 does not apply to insurance of export credits and investments against entrepreneurial and political risks (Federal Law of May 17, 2007 N 82-FZ).

Article 950 Additional property insurance

1. In the event that property or business risk is insured only in part of the insured value, the insured (beneficiary) has the right to carry out additional insurance, including with another insurer, but so that the total sum insured under all insurance contracts does not exceed the insured value.
2. Failure to comply with the provisions of paragraph 1 of this article shall entail the consequences provided for by paragraph 4 of Article 951 of this Code.

Article 951 Consequences of insurance in excess of the insurance value

1. If the sum insured specified in the property or business risk insurance contract exceeds the insured value, the contract shall be void in that part of the sum insured which exceeds the insured value.
The part of the insurance premium paid in excess is non-refundable in this case.
2. If, in accordance with the insurance contract, the insurance premium is paid in installments and by the time the circumstances specified in paragraph 1 of this article are established, it has not been paid in full, the remaining insurance premiums must be paid in the amount reduced in proportion to the reduction in the sum insured.
3. If the overstatement of the sum insured in the insurance contract was the result of fraud on the part of the insured, the insurer shall have the right to demand that the contract be recognized as invalid and compensation for the losses caused to him by this in an amount exceeding the amount of the insurance premium received by him from the insured.
4. The rules provided for in paragraphs 1-3 of this article shall apply accordingly also in the event that the sum insured exceeded the insured value as a result of insuring the same object with two or more insurers (double insurance).
The amount of insurance compensation payable in this case by each of the insurers shall be reduced in proportion to the decrease in the initial sum insured under the relevant insurance contract.

Article 952 Property insurance against various insurance risks

1. Property and entrepreneurial risk may be insured against various insurance risks both under one and under separate insurance contracts, including under contracts with different insurers.
In these cases, it is allowed to exceed the amount of the total sum insured under all contracts over the insurance value.
2. If from two or more contracts concluded in accordance with paragraph 1 of this article, the obligation of insurers to pay insurance compensation for the same consequences of the occurrence of the same insured event follows, the rules provided for in paragraph 4 shall apply to such contracts in the relevant part. Article 951 of this Code.

Article 953 coinsurance

Article 954 Insurance premium and insurance premiums

1. The insurance premium is understood as the payment for insurance, which the insured (beneficiary) is obliged to pay to the insurer in the manner and within the time limits established by the insurance contract.
2. When determining the amount of the insurance premium payable under the insurance contract, the insurer shall have the right to apply the insurance tariffs developed by it, which determine the premium charged per unit of the sum insured, taking into account the object of insurance and the nature of the insurance risk.
In the cases provided for by law, the amount of the insurance premium is determined in accordance with the insurance rates established or regulated by the insurance supervisory authorities.
(as amended by Federal Law No. 251-FZ of July 23, 2013)
3. If the insurance contract provides for the payment of an insurance premium in installments, the contract may determine the consequences of non-payment of regular insurance premiums within the established time limits.
4. If an insured event occurred before the payment of the next insurance premium, the payment of which is overdue, the insurer shall have the right, when determining the amount of insurance compensation payable under a property insurance contract or the sum insured under a personal insurance contract, to set off the amount of the overdue insurance premium.

Article 955 Replacement of the insured person

1. In the event that under the contract of insurance of the risk of liability for causing harm (Article 931) the liability of a person other than the insured is insured, the latter shall have the right, unless otherwise provided by the contract, at any time before the occurrence of the insured event to replace this person with another, notifying in writing of this insurer.
2. The insured person named in the personal insurance contract may be replaced by another person by the policyholder only with the consent of the insured person and the insurer.

Note:
Art. 956 does not apply to insurance of export credits and investments against entrepreneurial and political risks (Federal Law of May 17, 2007 N 82-FZ).

Article 956 Replacement of the beneficiary

Note:
The prohibition provided for by this rule cannot apply to cases where the replacement of the beneficiary occurs at his own will in accordance with the rules of Chapter 24 of the Civil Code of the Russian Federation (Review of practice, approved by the Presidium Supreme Court RF 22.06.2016).

Article 957 Commencement of the insurance contract

1. The insurance contract, unless otherwise provided in it, shall enter into force at the moment of payment of the insurance premium or its first installment.
2. Insurance stipulated by the insurance contract shall cover insured events that occurred after the entry into force of the insurance contract, unless the contract provides for a different period for the commencement of the insurance.

Article 958 Early termination of the insurance contract

1. An insurance contract shall be terminated before the expiration of the term for which it was concluded, if after its entry into force the possibility of an insured event has ceased to exist and the existence of an insured risk has ceased due to circumstances other than an insured event. Such circumstances include, in particular:
loss of the insured property for reasons other than the occurrence of an insured event;
termination in accordance with the established procedure of entrepreneurial activity by a person who has insured entrepreneurial risk or the risk of civil liability associated with this activity.
2. The policyholder (beneficiary) has the right to cancel the insurance contract at any time, if by the time of cancellation the possibility of an insured event has not disappeared due to the circumstances specified in paragraph 1 of this article.
3. In case of early termination of the insurance contract due to the circumstances specified in paragraph 1 of this article, the insurer shall be entitled to a part of the insurance premium in proportion to the time during which the insurance was valid.
In case of early cancellation of the policyholder (beneficiary) from the insurance contract, the insurance premium paid to the insurer is not refundable, unless the contract provides otherwise.

Article 959 Consequences of an increase in insurance risk during the period of validity of the insurance contract

1. During the validity period of the property insurance contract, the insured (beneficiary) is obliged to immediately notify the insurer of any significant changes that have become known to him in the circumstances reported to the insurer at the conclusion of the contract, if these changes can significantly affect the increase in the insured risk.
In any case, significant changes are recognized as stipulated in the insurance contract (insurance policy) and in the insurance rules transferred to the insured.
2. The insurer, notified of the circumstances entailing an increase in the insured risk, has the right to demand a change in the terms of the insurance contract or payment of an additional insurance premium in proportion to the increase in risk.
If the policyholder (beneficiary) objects to changing the terms of the insurance contract or additional payment of the insurance premium, the insurer has the right to demand termination of the contract in accordance with the rules provided for in Chapter 29 of this Code.
3. If the policyholder or the beneficiary fails to fulfill the obligation provided for in paragraph 1 of this article, the insurer shall have the right to demand termination of the insurance contract and compensation for losses caused by the termination of the contract (paragraph 5 of Article 453).
4. The insurer shall not have the right to demand termination of the insurance contract if the circumstances entailing an increase in the insured risk have already disappeared.
5. In case of personal insurance, the consequences of a change in the insurance risk during the period of validity of the insurance contract, specified in paragraphs 2 and 3 of this article, may occur only if they are expressly provided for in the contract.

Article 960 Transfer of rights to insured property to another person

Article 961 Notification of the insurer about the occurrence of an insured event

1. The policyholder under a property insurance contract, after becoming aware of the occurrence of an insured event, is obliged to immediately notify the insurer or his representative of its occurrence. If the contract provides for the term and (or) method of notification, it must be done within the agreed time and in the manner specified in the contract.
The same obligation lies with the beneficiary, who is aware of the conclusion of the insurance contract in his favor, if he intends to exercise the right to insurance compensation.
2. Failure to fulfill the obligation provided for by paragraph 1 of this article shall entitle the insurer to refuse to pay insurance compensation, unless it is proved that the insurer learned about the occurrence of the insured event in a timely manner or that the insurer's lack of information about this could not affect its obligation to pay insurance compensation .
3. The rules provided for in paragraphs 1 and 2 of this article shall respectively apply to the contract of personal insurance, if the insured event is the death of the insured person or the infliction of harm to his health. At the same time, the term for notifying the insurer established by the contract may not be less than thirty days.

Article 962 Reducing losses from an insured event

1. Upon the occurrence of an insured event provided for by a property insurance contract, the insured is obliged to take reasonable and available measures in the circumstances to reduce possible losses.
When taking such measures, the policyholder must follow the instructions of the insurer, if they are communicated to the policyholder.
2. Expenses for the purpose of minimizing losses subject to reimbursement by the insurer, if such expenses were necessary or were incurred to fulfill the instructions of the insurer, must be reimbursed by the insurer, even if the corresponding measures were unsuccessful.
Such expenses are reimbursed in proportion to the ratio of the sum insured to the insured value, regardless of the fact that, together with compensation for other losses, they may exceed the sum insured.
3. The insurer shall be released from compensation for losses incurred as a result of the fact that the insured has deliberately failed to take reasonable and accessible measures to reduce possible losses.

Article 963 Consequences of an insured event due to the fault of the policyholder, beneficiary or insured person

1. The insurer shall be released from paying the insurance indemnity or the sum insured if the insured event occurred as a result of the intent of the insured, beneficiary or insured person, except for the cases provided for in paragraphs 2 and 3 of this article.
The law may provide for cases of release of the insurer from the payment of insurance compensation under property insurance contracts in the event of an insured event due to the gross negligence of the insured or the beneficiary.
2. The insurer shall not be exempted from paying insurance compensation under a civil liability insurance contract for causing harm to life or health, if the harm was caused through the fault of the person responsible for it.
3. The insurer shall not be exempted from paying the sum insured, which, under the personal insurance contract, is payable in the event of the death of the insured person, if his death was due to suicide and by that time the insurance contract had been in force for at least two years.

Article 964 Grounds for the release of the insurer from the payment of insurance compensation and the sum insured

1. Unless otherwise provided by law or the insurance contract, the insurer shall be released from the payment of insurance indemnity and the sum insured when the insured event occurred as a result of:
exposure to a nuclear explosion, radiation or radioactive contamination;
military operations, as well as maneuvers or other military measures;
civil war, civil unrest of any kind, or strikes.
2. Unless otherwise provided by the property insurance contract, the insurer shall be exempt from paying insurance compensation for losses incurred as a result of seizure, confiscation, requisition, arrest or destruction of the insured property by order of state bodies.

Article 965 Transfer to the insurer of the rights of the insured to compensation for damage (subrogation)

1. Unless otherwise provided by the property insurance contract, the insurer that paid the insurance indemnity shall transfer, within the amount paid, the right to claim that the insured (beneficiary) has against the person responsible for the losses compensated as a result of insurance. However, the condition of the contract, excluding the transfer to the insurer of the right to claim against the person who intentionally caused losses, is void.
2. The right of claim transferred to the insurer shall be exercised by him in compliance with the rules governing relations between the insured (beneficiary) and the person responsible for the losses.
3. The insured (beneficiary) is obliged to transfer to the insurer all documents and evidence and inform him of all the information necessary for the insurer to exercise the right of claim that has passed to him.
4. If the policyholder (beneficiary) has waived his right to claim against the person responsible for the losses compensated by the insurer, or if the exercise of this right has become impossible due to the fault of the policyholder (beneficiary), the insurer shall be released from payment of insurance compensation in full or in the relevant part and shall have the right to demand a refund overpaid amount of compensation.

Article 966 Limitation period for claims related to property insurance

(as amended by Federal Law No. 251-FZ of November 4, 2007)

1. The limitation period for claims arising from a property insurance contract, with the exception of a liability risk insurance contract for obligations arising from damage to life, health or property of other persons, is two years.
2. The limitation period for claims arising from a liability risk insurance contract for obligations arising as a result of causing harm to life, health or property of other persons is three years (Article 196).

Article 967 Reinsurance

1. The risk of payment of insurance indemnity or sum insured assumed by an insurer under an insurance contract may be fully or partially insured with another insurer (insurers) under a reinsurance contract concluded with the latter.
2. The reinsurance contract shall be subject to the rules provided for by this chapter, which are subject to application in respect of business risk insurance, unless otherwise provided by the reinsurance contract. In this case, the insurer under the insurance contract (main contract) that has entered into a reinsurance contract is considered the insured in this last contract.
3. In case of reinsurance, the insurer under this contract remains responsible to the insured under the main insurance contract for the payment of insurance compensation or the sum insured.
4. Consecutive conclusion of two or more reinsurance contracts is allowed.

Article 968 Mutual insurance

1. Citizens and legal entities may insure their property and other property interests specified in paragraph 2 of Article 929 of this Code on a reciprocal basis by pooling the funds necessary for this in mutual insurance societies.
2. Mutual insurance companies carry out insurance of property and other property interests of their members and are non-profit organizations.
Peculiarities of the legal status of mutual insurance companies and the conditions of their activities are determined in accordance with this Code by the law on mutual insurance.
3. Mutual insurance societies insure the property and property interests of their members directly on the basis of membership, unless the charter of the society provides for the conclusion of insurance contracts in these cases.
(as amended by Federal Law No. 146-FZ of May 23, 2016)
The rules provided for by this chapter shall apply to insurance relations between a mutual insurance company and its members, unless otherwise provided by the law on mutual insurance.
(as amended by Federal Law No. 287-FZ of November 29, 2007)
4. The implementation of compulsory insurance through mutual insurance is allowed in cases provided for by the law on mutual insurance.
5. Has expired. - Federal Law of November 29, 2007 N 287-FZ.

Article 969 Compulsory state insurance

1. In order to ensure the social interests of citizens and the interests of the state, compulsory state insurance of life, health and property of civil servants of certain categories may be established by law.
Compulsory state insurance is carried out at the expense of funds allocated for these purposes from the relevant budget to ministries and other federal executive bodies (insurers).
2. Compulsory state insurance is carried out directly on the basis of laws and other legal acts on such insurance by the state insurance or other state organizations (insurers) indicated in these acts or on the basis of insurance contracts concluded in accordance with these acts by insurers and insurers.
3. Compulsory state insurance is paid to insurers in the amount determined by laws and other legal acts on such insurance.
4. The rules provided for by this chapter shall apply to compulsory state insurance, unless otherwise provided by laws and other legal acts on such insurance and does not follow from the essence of the relevant insurance relations.

Article 970 Application of general rules on insurance to special types of insurance

The rules provided for by this chapter shall apply to relations on foreign investment insurance against non-commercial risks, marine insurance, medical insurance, bank deposit insurance, pension insurance and export credit and investment insurance against entrepreneurial and (or) political risks insofar as laws on these types insurance and Federal Law No. 82-FZ of May 17, 2007 "On the Development Bank" does not establish otherwise.

Civil Code of the Russian Federation (Civil Code of the Russian Federation) dated 01.26.1996 N 14-FZ - Part 2

Chapter 48

Article 927. Voluntary and compulsory insurance

1. Insurance is carried out on the basis of property or personal insurance contracts concluded by a citizen or legal entity (insured) with an insurance organization (insurer).

The personal insurance contract is a public contract (Article 426).

3. The law may provide for cases of compulsory insurance of life, health and property of citizens at the expense of funds provided from the relevant budget (compulsory state insurance).

Article 928. Interests which cannot be insured

1. Insurance of illegal interests is not allowed.

2. It is not allowed to insure losses from participation in games, lotteries and bets.

3. It is not allowed to insure expenses that a person may be forced to pay in order to free the hostages.

4. Terms and conditions of insurance contracts that contradict paragraphs 1-3 of this article are void.

Article 929. Contract of property insurance

2. Under a property insurance contract, in particular, the following property interests may be insured:

1) the risk of loss (destruction), shortage or damage to certain property (Article 930);

2) the risk of liability for obligations arising as a result of causing harm to life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk of civil liability (Articles 931 and 932);

3) the risk of losses from entrepreneurial activities due to breach of their obligations by counterparties of the entrepreneur or changes in the conditions of this activity due to circumstances beyond the control of the entrepreneur, including the risk of not receiving the expected income - entrepreneurial risk (Article 933).

Article 930. Property insurance

2. A property insurance contract concluded if the insured or beneficiary has no interest in preserving the insured property is invalid.

3. A property insurance contract in favor of a beneficiary may be concluded without specifying the name or designation of the beneficiary (insurance "at whose expense").

Article 931. Liability insurance for causing harm

Article 932. Liability insurance under a contract

1. Insurance of the risk of liability for breach of contract is allowed in cases provided for by law.

Article 933. Business risk insurance

Under a business risk insurance contract, business risk can only be insured by the insured himself and only in his favor.

The business risk insurance contract of a person who is not a policyholder is void.

A business risk insurance contract in favor of a person who is not the policyholder shall be deemed concluded in favor of the policyholder.

Article 934. Contract of personal insurance

The right to receive the sum insured belongs to the person in whose favor the contract is concluded.

Article 935. Compulsory insurance

1. The law may oblige the persons indicated therein to insure:

life, health or property of other persons specified in the law in case of harm to their life, health or property;

the risk of its civil liability, which may arise as a result of causing harm to the life, health or property of other persons or violation of contracts with other persons.

2. The obligation to insure one's life or health cannot be imposed on a citizen by law.

4. In cases where the insurance obligation does not follow from the law, but is based on a contract, including the obligation to insure property - on a contract with the owner of the property or on the constituent documents of a legal entity that is the owner of the property, such insurance is not mandatory in the sense of this article. and does not entail the consequences provided for by Article 937 of this Code.

Article 936. Implementation of compulsory insurance

1. Compulsory insurance is carried out by concluding an insurance contract by a person who is entrusted with the obligation of such insurance (the insured) with the insurer.

2. Compulsory insurance is carried out at the expense of the insured.

(as amended by Federal Law No. 78-FZ of June 14, 2012)

(see text in previous edition)

3. The objects subject to compulsory insurance, the risks against which they must be insured, and the minimum amount of sums insured are determined by law, and in the case provided for by paragraph 3 of Article 935 of this Code, by law or in the manner prescribed by it.

Article 937. Consequences of violation of the rules on compulsory insurance

Article 938. Insurer

As insurers, insurance contracts may be concluded by legal entities that have permits (licenses) to carry out insurance of the corresponding type.

The requirements that insurance organizations must meet, the procedure for licensing their activities and exercising state supervision over this activity are determined by insurance laws.

Article 939

2. The insurer has the right to demand from the beneficiary, including when the beneficiary is the insured person, the fulfillment of obligations under the insurance contract, including obligations that lie with the insured, but not fulfilled by him, upon presentation by the beneficiary of a claim for payment of insurance compensation under a property insurance contract or the amount insured under a personal insurance contract. The risk of consequences of non-performance or untimely performance of obligations that should have been performed earlier shall be borne by the beneficiary.

Article 940. Form of insurance contract

1. The insurance contract must be concluded in writing.

Failure to comply with the written form shall entail the invalidity of the insurance contract, with the exception of the compulsory state insurance contract (Article 969).

Article 941. Insurance under a general policy

3. At the request of the insured, the insurer is obliged to issue insurance policies for individual lots of property falling under the scope of the general policy.

If the content of the insurance policy does not correspond to the general policy, the insurance policy shall prevail.

Article 942. Essential terms of the insurance contract

1. When concluding a property insurance contract, an agreement must be reached between the insured and the insurer:

1) on certain property or other property interest that is the object of insurance;

2) on the nature of the event, in the event of which the insurance is carried out (insured event);

3) on the amount of the sum insured;

4) on the term of the contract.

2. When concluding a personal insurance contract, an agreement must be reached between the insured and the insurer:

1) about the insured person;

2) on the nature of the event, in the event of the occurrence of which in the life of the insured person insurance is carried out (insured event);

3) on the amount of the sum insured;

4) on the term of the contract.

Article 943

3. When concluding an insurance contract, the policyholder and the insurer may agree to amend or exclude certain provisions of the insurance rules and to supplement the rules.

Article 944

The insurer may not demand that the insurance contract be declared invalid if the circumstances, which the policyholder has kept silent about, have already disappeared.

Article 945. The right of the insurer to assess the insurance risk

1. When concluding a property insurance contract, the insurer has the right to inspect the insured property, and, if necessary, appoint an expert examination in order to establish its actual value.

2. When concluding a personal insurance contract, the insurer has the right to conduct an examination of the insured person to assess the actual state of his health.

3. The assessment of the insured risk by the insurer on the basis of this article is not obligatory for the insured, who has the right to prove otherwise.

Article 946. Secrecy of insurance

The insurer shall not be entitled to disclose information received by him as a result of his professional activities about the insured, the insured person and the beneficiary, their state of health, as well as the property status of these persons. Depending on the type of violated rights and the nature of the violation, the insurer shall be liable for violation of the secrecy of insurance in accordance with the rules provided for in Article 139 or Article 150 of this Code.

Article 947. Sum insured

2. When insuring property or business risk, unless otherwise provided by the insurance contract, the sum insured must not exceed their actual value (insurance value). This value is considered to be:

for property, its actual value at its location on the date of conclusion of the insurance contract;

for business risk, business losses that the insured would be expected to incur in the event of an insured event.

3. In personal insurance contracts and civil liability insurance contracts, the sum insured is determined by the parties at their discretion.

Article 948. Contestation of the insurance value of property

Article 949. Incomplete property insurance

The contract may provide for a higher amount of insurance compensation, but not higher than the insurance value.

Article 950. Additional property insurance

2. Failure to comply with the provisions of paragraph 1 of this article shall entail the consequences provided for by paragraph 4 of Article 951 of this Code.

Article 951. Consequences of insurance in excess of the insurance value

The part of the insurance premium paid in excess is non-refundable in this case.

The amount of insurance compensation payable in this case by each of the insurers shall be reduced in proportion to the decrease in the initial sum insured under the relevant insurance contract.

Article 952. Property insurance against various insurance risks

1. Property and entrepreneurial risk may be insured against various insurance risks both under one and under separate insurance contracts, including under contracts with different insurers.

In these cases, it is allowed to exceed the amount of the total sum insured under all contracts over the insurance value.

Article 953

Article 954. Insurance premium and insurance contributions

ConsultantPlus: note.

In accordance with the Law of the Russian Federation of November 27, 1992 N 4015-1, insurance rates for types of compulsory insurance are set in accordance with federal laws on specific types of compulsory insurance.

In the cases provided for by law, the amount of the insurance premium is determined in accordance with the insurance tariffs established or regulated by the state insurance supervision bodies.

Article 955. Replacement of the insured person

2. The insured person named in the personal insurance contract may be replaced by another person by the policyholder only with the consent of the insured person and the insurer.

Article 956. Replacement of the beneficiary

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The sub-sector which, according to Chapter 48 of the Civil Code of the Russian Federation, is part of property insurance. Civil Code of the Russian Federation

Comments on Article 929 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 930 Property insurance

Comments on Article 940 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 941 General policy insurance

Comments on Article 941 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 942 Essential terms of the insurance contract

Comments on Article 942 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 943 Determining the terms of the insurance contract in the insurance rules

Comments on Article 943 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 944 Information provided by the policyholder when concluding an insurance contract

Comments on Article 944 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 945 The right of the insurer to assess the insured risk

Comments on Article 945 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 946 Mystery Insurance

Comments on Article 946 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 947 Sum insured

Comments on Article 947 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 948 Challenging the insurance value of property

Comments on Article 948 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 949 Partial property insurance

Comments on Article 949 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 950 Additional property insurance

Comments on Article 950 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 951 Consequences of insurance in excess of the insurance value

Comments on Article 951 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 952 Property insurance against various insurance risks

Comments on Article 952 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 953 coinsurance

Comments on Article 953 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 954 Insurance premium and insurance premiums

Comments on Article 954 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 955 Replacement of the insured person

Comments on Article 955 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 956 Replacement of the beneficiary

Comments on Article 956 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 957 Commencement of the insurance contract

Comments on Article 957 of Chapter 48 of the Civil Code of the Russian Federation "Insurance"

Article 958 Early termination of the insurance contract

Article 930
Property insurance

Article 941
General policy insurance

Article 942
Essential terms of the insurance contract

Article 943
Determining the terms of the insurance contract in the insurance rules

Article 944
Information provided by the policyholder when concluding an insurance contract

Article 945
The right of the insurer to assess the insured risk

Article 946
Mystery Insurance

Article 947
Sum insured

Article 948
Challenging the insurance value of property

Article 949
Partial property insurance

Article 950
Additional property insurance

Article 951
Consequences of insurance in excess of the insurance value

Article 952
Property insurance against various insurance risks

Article 953
coinsurance

Article 954
Insurance premium and insurance premiums

Article 955
Replacement of the insured person

Article 956
Replacement of the beneficiary

Article 957
Commencement of the insurance contract

Article 958
Early termination of the insurance contract